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James BennettHead of Rights and Licensing
CLA Licensing and New Developments
ALISS AGM21 June 2016
• Copyright is the exclusive right of the rightsholder to authorise the copying or making available of their work
• It is an infringement of copyright to do any of the following acts in relation to a substantial part of a work protected by copyright without the consent or authorisation of the copyright owner:
• copy it• issue copies of it to the public• rent or lend it to the public• perform or show it in public• communicate it to the public
• There are a number of specified copyright exceptions in UK law which permit copying in certain circumstances or for certain categories of people (for instance for those who are visually impaired).
Legal backgroundAbout Copyright
Exception for Illustration for Instruction
Reprographic Exception
CLA Licence
Legal backgroundExceptions and licensing work together to facilitate end-to-end access in education
• Replaced “Chalk and Talk” exception in 2014 – wider scope• Provides a fair dealing exception for acts of copying done:
o For the “sole purpose of illustration for instruction”:o for a non commercial purposeo by a person giving or receiving instruction (or preparing to give or receive
instruction)• “Giving or receiving instruction” includes setting, communicating and
answering exam questions• “Fair” is undefined:
o does using the work affect the market for the original work?o is the amount of the work taken reasonable and appropriate?
Legal background
Exception for Illustration for Instruction
• Updated exception permits the copying of extracts by or on behalf of an education establishment if the copy:
o is made only for the purposes of instructiono is for a non-commercial purposeo identifies the title and acknowledges the author; and o is no more than 5% of any one work in a 12 month period (was 1%)
• The exception does not apply if ‘a particular work is covered by a licence’
Copying by Educational Establishments
Reprographic Exception
CLA Higher Education LicenceOverview
• Annual collective licence for copying of books, magazine and journals• Copies may be made by staff and students• Digitisation of extracts must be centralised and reported • Permits making available of digitised coursepacks on VLE• One chapter or article at a time• Data collection to inform revenue allocation to each title• Independently determined share between authors, publishers and visual
creators• All HEIs licensed – centrally negotiated with UUK/Guild HE
CLA Higher Education LicenceNew Licence Terms from 1 August 2016
• Extent limit increased to one chapter/article or 10% (up from 5%) whichever is the greater
• Fee per Full Time Equivalent Student increased to £7.37 (was £7.22)• The licence will permit HEIs to make course readings available to
students for the full duration of their degree programme (or equivalent programme of study) rather than for the duration of a course of study only
• Removal of the requirement to assign Designated Persons• Retention of Excluded Works to the end of the Academic Year
Other CLA Developments
Content Solutions• Enhanced Higher Education Supply Service
Permissions Solutions• Second Extract Permissions Service
Workflow Solutions• Digital Content Store
Future Licensing Solutions• Extended Collective Licensing
• Optional outsourced scanning and document supply service launched in September 2015
• CLA administration of British Library services• Replaces former HESS service• Negotiated bulk service charge pricing • High quality, DRM-free copies• 48-hour turnaround • OCR as standard
Content SolutionsEnhanced Higher Education Supply Service (EHESS)
• Optional service for UK HE customers launched in August 2015• Top-up transactional permissions service for clearance of second extract
from a published work where the first has been copied under the CLA licence
• Offered through CLA Check Permissions• 83% of publishers by value signed up • Publisher-set pricing per page, per student plus £4 admin charge• 300+ transactions so far• Will permit an additional 10% or one chapter/article under the new
licence extent limits from 1 August 2016
Permissions SolutionsSecond Extract Permissions Service
• UK HEIs must report digital copying to CLA annually • Renewal of scans annually involves checking with hundreds of
academics• Duplicate digitisation across HE sector• Licence extent and repertoire checks• Analogue, manual process aided by some third party workflow tools• In 2014, CLA decided to develop a solution…
Workflow SolutionsCensus Reporting
Workflow Solutions
What is the Digital Content Store?
• A centralised, secure, CLA-operated content store for HEIs to store digital copies created under the licence, rather than on individual institutions’ repositories
• A workflow tool for HEIs to manage the digitisation process and associated administration
• It will be included in the CLA annual licence fee for HEIs from August 2016 and will remove the need for census reporting for those HEIs that choose to use it
• It will be optional.
Workflow Solutions: DCS
User workflow
HEIs using the DCS will no longer need to:
• Provide census reports to CLA
• Check with academics whether an existing scan is required for the next academic year (requirements checks or weeding)
• Duplicate scanning across the sector
• Seek coursepack permissions from multiple sources
• Digitise works themselves (if they do not wish to)
Benefits to Customers
The DCS will integrate with the following:
• CLA Check Permissions, for licence coverage verification
• CLA Second Extract Permissions Service
• Library Management Systems to check ownership of originals
• British Library On Demand for seamless EHESS ordering
• Reading list systems via an API
Integrated DCS
• DCS will launch in July 2016
• To find out more email [email protected]
• Or join our next webinar on 29 June
Using the DCS
Future Licensing Solutions
Opportunities to Improve Licence Repertoire
• New regulations: UK SI: The Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 No. 2588
• Legislation allows a collecting society such as CLA to extend its mandate to cover the works of rightsholders that are not members of or have not mandated the organisation
• Must demonstrate it is significantly representative• Must treat members and non-members equally• Must continue to permit opt outs• Already used in Nordic countries
Extended Collective Licensing
• Intention to apply to the Secretary of State in 2016 for permission to operate an ECL scheme for its core blanket licences
• If successful, may allow all printed works, published in any territory, to be included in the CLA Licence (unless specifically excluded by rightsholders)
• More US and foreign works will become covered = less direct permissions and administration
• Target launch – early 2017
